Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsDepartment of Water and SanitationProclamation No. 164 of 2024 |
Proclamation No. 164
19 April 2024
GG 50512
PROCLAMATION NO. R. 164 of 2024
by the
PRESIDENT of the REPUBLIC of SOUTH AFRICA
WHEREAS allegations as contemplated in section 2(2) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) (hereinafter referred to as "the Act"), have been made in respect of the affairs of the Department of Water and Sanitation ("the Department");
AND WHEREAS the Department or the State may have suffered losses that may be recovered;
AND WHEREAS I deem it necessary that the said allegations should be investigated and civil proceedings emanating from such investigation should be adjudicated upon;
NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of the Department, for investigation to the Special Investigating Unit established by Proclamation No. R. 118 of 31 July 2001 and determine that, for the purposes of the investigation of the matters, the terms of reference of the Special Investigating Unit are to investigate as contemplated in the Act, any alleged—
| (a) | serious maladministration in connection with the affairs of the Department; |
| (b) | improper or unlawful conduct by employees of the Department; |
| (c) | unlawful appropriation or expenditure of public money; |
| (d) | unlawful, irregular or unapproved acquisitive act, transaction, measure or practice having a bearing upon State property; |
| (e) | intentional or negligent loss of public money or damage to public property; |
| (f) | offence referred to in Parts 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), and which offences were committed in connection with the affairs of the Department; or |
| (g) | unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof, |
which took place between 1 January 2015 and the date of publication of this Proclamation or which took place prior to 1 January 2015 or after the date of publication of this Proclamation, but is relevant to, connected with, incidental or ancillary to the matters mentioned in the Schedule or involve the same persons, entities or contracts investigated under authority of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by the Department, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Johannesburg this 8th day of March Two thousand and twenty four.
MC Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | Serious maladministration in connection with the affairs of the Department, including the causes of such maladministration, arising from the procurement of, or contracting for goods, works or services in relation to— |
| (a) | the “Drop the Block” Project and the contract entered into in respect thereof between the Department and Sedibeng Water dated 21 April 2016; |
| (b) | the “Almost Empty Outdoor” Campaign and the appointment of Sedibeng Water as the implementing agent in an allegedly irregular manner for the provision of generic services in 2016; and |
| (c) | the “War on Leaks” Programme and the alleged irregular appointments of and payments to Rand Water and the Energy and Water Sector Education and Training Authority for the period 2015 to 2018/2019, |
by or on behalf of the Department and payments made in respect thereof in a manner that was—
| (i) | not fair, competitive, transparent, equitable or cost-effective; or |
| (ii) | contrary to applicable— |
| (aa) | legislation, |
| (bb) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury or the relevant Provincial Treasury; or |
| (cc) | manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Department, |
and any related unauthorised, irregular and fruitless and wasteful expenditure incurred by the Department or the State.
| 2. | Any irregular, improper or unlawful conduct by— |
| (a) | officials or employees of the Department; or |
| (b) | any other person or entity, |
in relation to the allegations set out in paragraph 1 of this Schedule.